PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE [SUPPLIER PORTAL] (THE “PORTAL”), AS THEY CONTAIN IMPORTANT INFORMATION ABOUT HOW YOU MAY USE THIS PORTAL.

1. The terms on which you may use this Portal

1.1 These Terms of Use set out the terms on which you may use the Portal.

1.2 You should read these Terms of Use carefully before using the Portal as by using the Portal you are confirming that you accept these Terms of Use and that you will comply with them.

1.3 If you do not accept these Terms of Use then please do not use this Portal.

2. Privacy Policy

2.1 The University of Derby (“the University”) abides by the principles of the Data Protection Act 2018. This clause 2 sets out the University’s views and practices regarding your personal data and how the University will treat it and this will form the University of Derby’s privacy policy in respect of this Portal.

2.2 By using the Portal you are consenting to the University, processing any personal data that you provide to the University or that the University collects from you as a result of your use of the Portal.

2.3 The information that you give the University may include your name, address, e-mail address, phone number and financial information. This will only be used for the purposes of setting up a Supplier account to enable the University to raise Purchase Orders and for making payments to you.

2.4 The University will not use this data for any other purposes [nor shall it disclose it to any third party].

2.5 For a period of time, the University will retain some of the personal details that you have entered onto the Portal to enable access to your details in the event of any subsequent query or for its audit purposes.

3. Changes to these Terms of Use and our Privacy Policy

3.1 We may make changes to these Terms of Use (including clause 2 above which contains the University’s privacy policy in respect of this Portal) from time to time. You should therefore check these Terms of Use whenever you return to the Portal to see whether any changes have been made, as these will be binding on you.

4. About the University

4.1 We, the University of Derby provide this Portal to you. The University was established on 14 January 1993 under the provisions of the Further and Higher Education Act. It was subsequently incorporated as a limited company. The company registration number is 3079282. The University became an exempt charity by order in Council made on 30 November 1995 (SI 1995 No 2998).

By post at The Procurement Dept University of Derby, Kedleston Road, Derby, DE22 1GB.

4.3 The University’s Complaints Procedure gives you information about what you can do if you are not happy. It tells you how you can complain, what the University will do and when and what you can do if you are still not happy. The information provided in the Complaints Procedure is not contractual and is in addition to any other rights you may have under these Terms of Use or any other terms which apply. You can the find University’s Complaints Procedure at http://www.derby.ac.uk/about/organisation/academic-regulations/complaints/ .

5. Restrictions on your use of the portal

5.1 You may only use the portal for the purpose of [supplying your name/company name, address and bank details and not for any other purpose]. In any event, you may only use the Portal for lawful purposes and in compliance with all applicable laws.

5.2 If you breach any term of these Terms of Use your right to use the Portal will immediately end. In addition we may take such other actions including, without limitation, legal action as we consider appropriate.

5.3 If you breach any term of these Terms of Use, or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach and any other information we consider necessary to relevant law enforcement authorities.

5.4 You are responsible for accessing this Portal and should not allow any others to access it using your log in details and if you do, then you are responsible for ensuring that anyone else who accesses this Portal through your internet connection is aware of these Terms of Use and that they comply with them.

5.5 You agree not to introduce any viruses or Trojans or similar bugs into the Portal.

6. Passwords and security requirements

6.1 If you register to use the Portal you must provide accurate and complete registration information and keep that information up to date at all times. If your address or bank details change then you must update these details on the Portal or inform us immediately. You are solely responsible for ensuring the information on the Portal is correct, accurate and up to date and not the University.

6.2 You will need a user name and password in order to access the Portal which we will supply to you upon request. The user name and password are personal to you. It is your responsibility to keep this information secure, secret and confidential and not to disclose it to any other person. If the registered person leaves your organisation then you must inform us immediately and provide a suitable alternative.

6.3 If you think that somebody else might know your user name and password then you must [let us know by telephoning or emailing us using the contact details set out in clause 4.2 above as soon as possible].

6.4 Please note that the University would not call you to request that you provide your user name or password to the University over the phone. If the University wishes to contact you then it would ask you to call the University’s main switchboard and ask for the University representative who contacted you.

6.5 We reserve the right to disable your user name and password if, in our reasonable opinion, you fail to comply with any of these Terms of Use or if we consider that there may be a security risk.

7. Access to the Portal

7.1 We do not guarantee that access to the Portal and your availability to view your details or change them will always be available or uninterrupted. Your right to access the Portal may be withdrawn at any time for any reason if the University in its sole discretion sees fit to do so.

7.2 We reserve the right to change the Portal, including without limitation by adding or removing content or functionality, at any time.

7.3 We make no warranties, representations, undertakings or guarantees that the Portal or any content on it will be free from errors or omissions.

7.4 The University has made every effort to ensure that the Portal is secure but makes no warranties, representations, undertakings or guarantees that the Portal is secure or free from bugs or viruses.

7.5 System errors should be notified by you to the University immediately. The University must be contacted by you using the contact details set out in clause 4.2. For the avoidance of doubt, the University will not be responsible for user errors.

8. The University’s liability to you

8.1 Nothing in these Terms of Use limits or excludes our liability to you for:

8.1.1 death or personal injury resulting from negligence;

8.1.2 fraud or fraudulent misrepresentation; or

8.1.3 any other matter for which we are not permitted by law to exclude or limit our liability.

8.2 Subject to paragraph 8.1, all warranties, conditions and other terms relating to the Portal and/or its content which would otherwise be implied by law (whether by statute, common law or otherwise) are excluded and we will not be liable to you for any loss or damage arising out of or in connection with your use of (or inability to use) the Portal or your use of or reliance upon any content on the Portal.

8.3 Subject to paragraph 8.1, the liability of the University (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of any breach of these Terms of Use or any representation, statement or tortious act or omission, including negligence or breach of statutory duty arising under or in connection with these Terms of Use:

8.3.1 will not exceed in aggregate one hundred pounds; and

8.3.2 will not extend to the direct or indirect loss of profit or damages, revenue or savings, loss of data, loss of business or depletion of goodwill, notwithstanding whether you advise the University that such losses may occur or if they were within the University’s contemplation.

9. Freedom of Information

The University is defined as a Public Authority for the purpose of the Freedom of Information Act 2000, and as such may be required to release information relating to suppliers and you agree to the release of such information and shall assist the University if required, in respect of any such requests for information.

10. Applicable law

10.1 These Terms of Use are governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction to determine any dispute arising out of or in connection with them.